Marginal note:Restricted access to Privy Council confidences
15. The Librarian and Archivist shall not provide access to confidences of the Queen's Privy Council for Canada to which subsection 69(1) of the Access to Information Act applies without the consent of the Clerk of the Privy Council.
SURPLUS CROWN ASSETS ACT
Marginal note:Surplus publications
16. Despite the Surplus Crown Assets Act, all publications that have become surplus to the requirements of any government institution shall be placed in the care or control of the Librarian and Archivist.
Marginal note:Surplus Crown Assets Act not to apply
18. (1) There shall be an account in the accounts of Canada called the Library and Archives of Canada Account to which shall be credited all amounts received for the Library and Archives of Canada including by way of gift.
Marginal note:Amounts payable out of Account
(2) Any amounts required for the purposes of this Act may be paid out of the Library and Archives of Canada Account.
Marginal note:Use of funds
(3) Amounts referred to in subsection (1) shall be used in accordance with any terms and conditions attached to them.
Marginal note:Production of certified copy
19. (1) Subject to subsection (2), if the Librarian and Archivist is compelled to produce a record or publication that is under his or her control, the Librarian and Archivist may certify a copy of it and produce that copy, which is receivable in evidence in the same manner as the original without proof of the signature or official character of the person or persons appearing to have certified it.
Marginal note:Production of original
(2) If the court, tribunal or other entity under whose authority the Librarian and Archivist may be compelled to produce a record or publication is satisfied that it is necessary, taking into account the risks implicit in the production of the original and the importance of its preservation and of continued access to it, to order that the original of the record or publication be produced, the court, tribunal or other entity shall ensure that any measures that are required to protect and preserve it are taken and that it is returned to the care and control of the Librarian and Archivist as soon as it is no longer needed for the purposes of the matter in question.
OFFENCES AND PENALTIES
Marginal note:Offence and punishment
20. (1) Every person who contravenes subsection 10(1) or the regulations or fails to comply with a request of the Librarian and Archivist under subsection 11(1) is guilty of an offence and liable on summary conviction
(a) in the case of an individual, to the fine referred to in subsection 787(1) of the Criminal Code; and
(b) in the case of a corporation, to the fine referred to in paragraph 735(1)(b) of that Act.
Marginal note:No imprisonment in default of fine payment
(2) Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed for default of payment of a fine imposed under subsection (1).
Marginal note:Recovery of fines
(3) A fine imposed under subsection (1) is a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament.
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